TEDE Communidade:http://www.bdtd.uerj.br/handle/1/35892024-03-29T04:31:49Z2024-03-29T04:31:49ZO Direito internacional americano segundo Epitácio PessoaPereira, Alanna Aléssia Rodrigueshttp://www.bdtd.uerj.br/handle/1/216292024-03-21T20:28:06Z2023-03-30T00:00:00ZTítulo: O Direito internacional americano segundo Epitácio Pessoa
Autor: Pereira, Alanna Aléssia Rodrigues
Primeiro orientador: Macedo, Paulo Emílio Vauthier Borges de
Abstract: Epitácio Pessoa has valuable political and juridical contributions in the Brazilian scenario and in International Law, being one of Brazil's great personalities. Despite this, works such as his project of codification of International Law and his performance in the negotiations of the Treaty of Versailles are little studied. This dissertation attempts to fill this gap, tracing the panorama of his international activities, aiming to point out the influence of Epitácio Pessoa's works in this area and how they guided the Public International Law Treaties and Conventions that were approved by the Commission of American Jurisconsults in 1927 and that would form the basis of the American International Law and consequently of the Organization of American States (OAS). The study was divided so as to trace the historical and factual context of what is intended to be proven: forming the bases of what would become the OAS; the meeting of American Jurisconsults; and the Permanent Court of International Justice. In the first part, Epitácio's Americanist sentiment is demonstrated, his resourcefulness in the negotiations of the Treaty of Versailles and his speeches at the meeting of American Jurisconsults are analyzed. In the second part, it is pointed out what the Brazilian press said about the theme, the project of codification of International Law of Epitácio Pessoa is brought up, also pointing out which were the projects of Public International Law approved by the Commission and its history. In the third part, we analyze possible institutes of International Law according to Epitácio Pessoa, bringing his performance as a judge of the Permanent Court of International Justice and analyzing the cases in which he issued a decision.
Instituição: Universidade do Estado do Rio de Janeiro
Tipo do documento: Dissertação2023-03-30T00:00:00ZO fomento público sob a ótica republicana: participação, accountability e desenvolvimentoSantos, Rafael Cascardo Cardoso doshttp://www.bdtd.uerj.br/handle/1/216272024-03-21T19:38:52Z2021-05-31T00:00:00ZTítulo: O fomento público sob a ótica republicana: participação, accountability e desenvolvimento
Autor: Santos, Rafael Cascardo Cardoso dos
Primeiro orientador: Sarmento, Daniel
Abstract: The present work aims to redeem the importance of republican political philosophy to Brazil’s public law. The approach goes through analyzing the close contact to Republican tradition throughout Brazil’s history, which constitutes an assumption for adopting it as a regulatory ideal today. Besides, a lot of political, social, and economic issues striking Brazil nowadays can be tackled under Republican tradition, making its adoption not only possible, but also desirable. Once Republicanism is adopted as a goal for constitutional interpretation, we can analyze public grants in new lights. We regard public grant’s governance as the antithesis of Republican ideal since it operates under crony capitalism practices – public and private power reinforcing themselves mutually. At last, the Republican inflow will assist the evaluation of public grants under legality criteria by means of an interinstitutional assessment divided in two moments – ex ante control and ex post control -, as well as the drafting of operational standards in order to guide state agents accountable for the elaboration, approval and monitoring of public grants.
Instituição: Universidade do Estado do Rio de Janeiro
Tipo do documento: Dissertação2021-05-31T00:00:00ZA (des)necessidade de criminalizar a prática do stalking no BrasilDelfino, Sóstenes de Oliveirahttp://www.bdtd.uerj.br/handle/1/216252024-03-21T19:13:26Z2023-10-06T00:00:00ZTítulo: A (des)necessidade de criminalizar a prática do stalking no Brasil
Autor: Delfino, Sóstenes de Oliveira
Primeiro orientador: Lobato, José Danilo Tavares
Abstract: The object of study of this dissertation is to analyze whether or not there was a need to criminalize stalking in Brazil. The central idea of the research is to discover whether the classification of stalking as a separate crime in the Criminal Code managed to ensure victims more efficient protection to the point of guaranteeing their individual freedom, justifying the creation of the law. The specific objectives are to verify what constitutes stalking, analyze the treatment given to the conduct before and after law nº 14.132/21, understand the context that led to the creation of the type, verify the numbers of stalking in Brazil and in the State of Rondônia along with police stations through an empirical study, discover whether stalking cases decreased or increased from its implementation in the year 2021 until July 2023, compare the numbers to recognize the degree of effectiveness of the law, and finally analyze whether the Women are the biggest victims of stalking, evaluating whether criminalization has prevented feminicide. It is necessary to investigate and identify all these referenced points, in order to ultimately prove whether or not there was a need to create this type of criminal offense in Brazil. The technical procedures used to support the work were field research with data collection, bibliographical research on doctrines, articles, master's theses, jurisprudence, legislation and news website.
Instituição: Universidade do Estado do Rio de Janeiro
Tipo do documento: Dissertação2023-10-06T00:00:00Z“In dubio pro Estado”: sujeitos matáveis nos discursos e práticas dos Tribunais do Júri da cidade do Rio de JaneiroCarvalho, Leonardo Furtadohttp://www.bdtd.uerj.br/handle/1/216182024-03-20T20:24:14Z2023-12-14T00:00:00ZTítulo: “In dubio pro Estado”: sujeitos matáveis nos discursos e práticas dos Tribunais do Júri da cidade do Rio de Janeiro
Autor: Carvalho, Leonardo Furtado
Primeiro orientador: Batista, Vera Malaguti de Souza Weglinski
Abstract: The present research aimed to explore the practices and discourses from criminal procedures concerning the police conduct submitted to Rio de Janeiro Jury Courts. In order to do so, an inductive, empirical and descriptive approach was enforced, based on critical criminology and critical discourse analysis, alongside transdisciplinary contributions from philosophy, history, sociology, law theory, criminal law and criminal procedural law. The study’s corpus was composed by 67 procedures, selected from hearing schedules of three of the four functioning juries in Rio de Janeiro city, and divided into three categories: policemen as defendants, policemen as victims and conflicts with no police involved. A documental analysis was made on the written court records and, in parallel, some jury sessions were observed, taken as a case(s) study. From the obtained results, at first the jury institution is presented, with its normative and empirical aspects. Subsequently, the discourses from the studied cases are analyzed. At last, some aspects of the practical law in force within the judiciary agencies are described. The conclusion is that the State defense against its political and racial enemies is the forming principle of the juridical practices and it is dissimulated in the discursive sphere as a social defense against ontic enemies, producing detainable, woundable and killable subjects, who retain their condition regardless of the procedural position they occupy (either defendants or victims).
Instituição: Universidade do Estado do Rio de Janeiro
Tipo do documento: Dissertação2023-12-14T00:00:00Z